HomeMy WebLinkAbout2011 06-16 PCP PLANNING COMMISSION AGENDA
CITY OF BROOKLYN CENTER
JUNE 16, 2011
REGULAR SESSION
1. Call to Order: 7:00 p.m.
2. Roll Call
3. Approval of Minutes — May 26, 2011
4. Chairperson's Explanation
The Planning Commission is an advisory body. One of the Commission's functions is to
hold public hearings. In the matters concerned in these hearings, the Commission makes
recommendations to the City Council. The City Council makes all final decisions in these
matters.
5. Sears, Roebuck and Co. Planning App. No. 2011 -015
Set Public Hearing for July 14, 2011 regular meeting — preliminary review and discussion of
proposed amendment to the original 1999 Brookdale Mall PUD by Sears, Roebuck and Co.,
to reflect variations of the recently approved 2011 Shingle Creek Crossing PUD
6. Discussion Items:
a) Update on Shingle Creek Crossing Planned Unit Development
b) Update on Third Generation Watershed Plan Review
7. Other Business
8. Adjournment
City n f ' enter �` Business and Development
.B, rooms V � C.. Department
www.cityofbrooklyncenter.org
6301 , Shingle Creek Parkway, Brooklyn Center, Minnesota 55430 -2199
g Y Y
Phone 763.569.3300 MNoice 711 Fax 763.569.3494
TO: Chair Sean Rahn and Brooklyn Center Planning Commission
FROM: Gary Eitel, Director of Business and Development
Tim Benetti, Planning & Zoning Specialist
DATE: June 16, 2011
SUBJECT: Planning Commission Application No. 2011 -015 — Set Public Hearing
Sears, Roebuck Co. requests for amendment to the 1999 Brookdale PUD Agreement
Introduction
Sears Roebuck Co. has submitted a planning application requesting amendment to the 1999 Brookdale
Mall Planned Unit Development (PUD). This item is being introduced and presented at tonight's
meeting to provide an update and preliminary review of the request to the Planning Commission. Upon
completion of this review, city staff requests the Commission set a Public Hearing for July 14, 2011 to
fully consider this item.
Background
The following identifies the zoning modifications that were approved with the 1999 PUD Rezoning and
included in the Declaration of Covenants and Restrictions:
Resolution No. 99 -37, established a PUD /C -2 zoning classification for the Brookdale properties on
March 8, 1999 and included the following modifications to the development standards for the
redevelopment of the Brookdale Planned Unit Development:
a) Allowed a 5 ft. rather than 15 ft. green strip at certain locations with a 3 to 3 %2 ft. decorative
masonry wall.
b) Allowed 4.5 parking spaces per 1,000 sq. ft. of gross leasable area.
c) Allowed 60 ft. wide parking dimensions for standard 90 degrees parking and aisle width.
d) Allowed two freestanding signs up to 320 sq. ft. in area along Hwy 100.
e) Allowed an increase of 15 percent to 20 percent restaurant use without requiring additional
parking; and,
On May 23, 2011 the City Council adopted Resolution No. 2011- 77, which approved the Shingle
Creek Crossing PUD for the Brookdale properties (with the exception of the Sears lot), along with the
following modifications to the development standards of the zoning ordinance:
A. Allow 5 ft. rather than 15 ft. green strips at certain locations where an appropriate 3 to 3 %2 ft.
high decorative masonry wall shall be installed to offset negative effects along Xerxes Avenue.
B. Allows a reduction in the 15 foot parking setback and 35 foot building setback along Bass Lake
Road to offset the dedication of additional right of way for the trail improvements to replace the
current trail easements.
C. Allow 4.5 parking spaces per 1,000 sq. ft. of gross leasable retail area and 10 per 1,000 sq. ft. of
restaurant area rather than the 5.5 parking spaces per 1,000 sq. ft. of gross floor area and one per
two seats and employee on a major shift for restaurants.
D. Allow the 60 ft. wide parking dimension standard for 90 degree parking rather than the 63 ft. and
a 52.5 ft wide parking dimension for 60 degree parking rather than the 57 ft.
E. Allow two freestanding signs up to 320 sq. ft. in area along T. H. 100 and two Town Center
identification signs (one additional) along Bass Lake Road and one Town Center identification
sign on Xerxes Avenue.
F. Allow an increase from 15 percent to 20 percent of the allowable restaurant use without
requiring additional parking at Brookdale based on the uniqueness of Brookdale, the mix of uses
and dynamics of multiple stops per person at the Center.
Zoning Ordinance
Pursuant to Section 35 -355 Planned Unit Development Subd. 5, Para. i. Application and Review the
following shall be taken in consideration when reviewing amendments:
Any major amendment to the development plan may be approved by the City Council following the
same notice and hearing procedures specified in this section. An amendment shall be considered
major if it involves any change greater than that permitted by Subdivision 5d of this section.
Changes which are determined by the City Council to be minor may be made if approved by the
Planning Commission after such notice and hearing as may be deemed appropriate by the Planning
Commission.
Subd 4, Para. d. General Standards
Prior to construction on any site zoned PUD, the developer shall seek plan approval pursuant to
Section 35 -230 of this ordinance. In addition to the information specifically required by Section 35-
230, the developer shall submit such information as may be deemed necessary or convenient by the
City to review the consistency of the proposed development with the approved development plan.
The plan submitted for approval pursuant to Section 35 -230 shall be in substantial compliance with
the approved development plan. Substantial compliance shall mean:
- that buildings, parking areas and roads are in essentially the same location as previously
approved;
- the number of dwelling units, if any, has not increased or decreased by more than 5 percent;
- the floor area of nonresidential areas has not been increased or decreased by more than 5
percent;
- no building has been increased in the number of floors;
- open space has not been decreased or altered from its original design or use, and
- lot coverage of any individual building has not been increased or decreased by more than 10
percent.
At this time, Sears Co. has submitted an official planning application for future consideration of an
amendment to this original 1999 Brookdale Mall PUD. This request reflects the variations recently
approved under the 2011 SCC -PUD plans. Attached to this memorandum is a copy of the Sears
planning application; initial submittal letter of request (dated June 1, 2011); and a letter of explanation to
the request (dated June 15, 2011), both from Sear's attorney. In reference to the Zoning Code 35 -355;
Subd. 5, Para. i., planning staff is requesting the Planning Commission determine if this request is
deemed minor; and if so, direct staff to have this item presented under public hearing at the July 14,
2011 regular meeting.
City Use Only
3 t—vyof Planning Commission Application Date Received
BROOKLYN
CENTER Please Print ClgarlX or Type Application No
Address /Street Location of Property 1297 Brookdale Center
Legal Description of Property Tract A, Registered Land Survey No. 936, Hennepin County,
Minnesota
A preliminary meeting with the Planning Staff is required prior to the submission of a Planning
Commission application. No application will be accepted prior to such meeting.
Applicant Information: Owner Information:
Name Sears, Roebuck and Co. Name „Roebuck and Co. _
Beverly Road BC -128B 3333 Beverly Road BC -128B
Address Hoffman Estates, IL 60179 Address Hoffman Estates, IL 60179
Phone 286 -1210 Fax Phone 847- 286 -1210 Fax
Email elizabeth.williams @searshc.com Email elizabeth.williams @ searshc.com
Type of equest: ❑ Rezoning ($1050) ❑ Special Use Permit ($200)
❑ Subdivision Approval ($300) ❑ Site & Building Plan Approval ($750)
❑ Planned Unit Development ($1800) F Appeal ($200)
Planned Unit Dev o m nt
❑ Variance ($200) ❑ g Other: Minor Amendment t�780T
Description of Request: Minor amendment to Sears' existing Planned Unit Developmentzto
reflect variations recently approved for Gatlin Development Company and it
Planned Unit Development.
Application Fee $ 700.00 Acct No. 10100 -4403 Receipt No.
The applicant requests processing of this application and agrees to pay to the City of Brooklyn Center, within
fifteen (15) days after mailing or delivery of the billing statement, the actual costs incurred by the City for
Engineering, Planning and Legal expenses reasonably and necessarily required by the City or the processing of
the application. Such costs will be in addition to the application fee d ri ed h ein. yltprawal of the
application will not relieve the applicant of the obligation to pay cost . cu red rior t w' drawal.
Se-c,�s2-10"k- 0'."A Co
Applicant (Please Print) Appl can Signature
. Kal Gibrm
V.P. Real Estate
Page 1
City of Brooklyn Center — Business and Development— 6301 Shingle Creek Pkwy — Brooklyn Center MN 55430 763 -569 -3305
Planning Commission Application Form 3 -11
HINSHAW
& C U L B E R T S O N LLP
ATTORNEYS AT LAW
333 South Seventh Street
June 1, 2011 Suite 2000
Minneapolis, MN 55402 -2431
612- 333 -3434
VIA MESSENGER 612 -334 -8888 (fax)
www.hinshawlaw.com
Mr. Gary Eitel
Director of Business and Development
City of Brooklyn Center FILE N0.64444- 879479
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430 -2199
Re: Application for Minor Amendment Sears, Roebuck and Co.'s PUD.
Plan for Property at 1108 Brookdale
Dear Gary:
Enclosed for filing are the following documents regarding the above - referenced matter:
1. Planning Commission Application; and
2. Application fee in the amount of $700.
Sears is submitting this Application in anticipation of reaching an agreement with Gatlin
Development Company. Should that agreement not be reached, then Sears may withdraw this
Application.
Additionally, Sears in submitting this Application, does not waive any, and expressly
reserves all of its rights and claims in connection with or arising out of Gatlin's proposed
redevelopment of the Brookdale Mall.
Please advise should you need additional information or would like to discuss the
Application.
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Arizona California Florida Illinois Indiana Massachusetts Minnesota Missouri New York Oregon Rhode Island Wisconsin
Mr. Gary Eitel
June 1, 2011
Page 2
Thank you.
Very truly yours,
HINS --CULBERTSON LLP
r
Ahas J. a ' o
612 - 334 -2653
tradio @hinshawlaw.com
TJR :jbm
Enclosures
cc: Elizabeth Williams, Esq. (via email)
Charles L. Lefevere, Esq. (via email)
L.J. Rotman, Esq. (via email)
121282705v1 64444
HINSHAW
& CULBERT SON LLP
ATTORNEYS AT LAW
Accenture Tower
333 South Seventh Street
Suite 2000
Minneapolis, MN 55402
T 612- 333 -3434
F 612- 334 -8888
www.hinshavAaw.com
June 15, 2011
VIA E -MAIL
Mr. Gary Eitel
Director of Business and Development
City of Brooklyn Center FILE NO. 64444 - 879479
6301 Shingle Creek Parkway
Brooklyn Center, Minnesota 55430 -2199
Re: Application for Minor P.U.D. Plan Amendment to Brooklyn
Center City Council
Dear Gary:
While I have not yet seen anything on the City's website regarding the Planning
Commission agenda for tomorrow evening's meeting, I am still assuming that Sears' Minor
P.U.D. Plan Amendment Application is on the agenda as you previously assured me.
To elaborate on Sears' application, I wanted to set forth the variations Sears is seeking for
its P.U.D. Specifically, Sears is seeking the following variations:
• Reduced setback from property lines to parking lot pavement to 5 feet from 15
feet.
• Reduced building setback from public right of way to 20 feet from 35 feet.
• Reduced sideyard building setback to 0 feet from 10 feet.
• Reduced parking ratios for retail use to 4.5 spaces per 1,000 sq.ft. of gross
leasable area from 5.5 spaces per 1,000 sq.ft. of gross leaseable area.
• Reduced parking ratios for restaurant use to 10 parking stalls per 1,000 sq.ft. of
restaurant area from 1 space per two seats and 1 space for each employee on a
major shift.
Arizona California Florida Illinois Indiana Massachusetts Minnesota Missouri Newyork Oregon Rhode Island Wisconsin
121283444v1 64444
Mr. Gary Eitel
June 15, 2011
Page 2
These variations are the same as those granted by the City to Gatlin Development
Company, Inc. and are set forth in paragraph 2 of the Shingle Creek Crossing Declaration of
Covenants and Restrictions.
If you have any comments or questions regarding Sears' Application, please do not
hesitate to call me.
Very truly yours,
V BERTSON LLP
tradio@hinshawlaw.com
TJR jbm
cc: Charles L. Lefevere, Esq. (via email)
Elizabeth Williams, Esq. (via email)
L.J. Rotman, Esq. (via email)
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